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PLANNING COMMISSION REPORT Regular Agenda - Public Hearing Item |
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ITEM NO. 5A RM12 TO RMO; .269 ACRES; 1106 RHODE ISLAND ST (LBZ)
Z-14-00314: Consider a request to rezone approximately .269 acres from RM12 (Multi-Dwelling Residential) District to RMO (Multi-Dwelling Residential-Office) District located at 1106 Rhode Island Street. Submitted by Hernly Associates on behalf of the City of Lawrence, property owner of record.
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STAFF RECOMMENDATION: Staff recommends approval of the request to rezone approximately .269 acres, from RM12 (Multi-Dwelling Residential) District to RMO (Multi-Dwelling Residential Office) District based on the findings presented in the staff report and forwarding it to the City Commission with a recommendation for approval. |
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Reason for Request: |
We are proposing to restore and preserve the historic structures on the lot. In order for the buildings to meet our needs (commercial and residential per the historical use) a rezoning to RMO from the current RM12 is required. |
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KEY POINTS · The property is a contributing structure to the North Rhode Island Street Historic Residential District listed in the National Register of Historic Places. · The property has been used as a storage area for approximately 30 years.
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ASSOCIATED CASES/OTHER ACTION REQUIRED · SUP-14-00326; mixed residential and office use including detached residential uses in an RM district. · City Commission approval of the rezoning and publication of an ordinance rezoning the property. · City Commission approval of the Special Use Permit and publication of an ordinance. · DR-14-00291 – Design Review for the proposed project approved by the Historic Resources Commission on August 21, 2014. · B-14-00323 – Variance requests to allow for the placement of structures and the new parking area on the site approved with conditions by the Board of Zoning Appeals on September 4, 2014.
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PLANS AND STUDIES REQURIED · Traffic Study – Not required for rezoning · Downstream Sanitary Sewer Analysis – Not required for rezoning · Drainage Study – Not required for rezoning · Retail Market Study – Not applicable to residential request
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ATTACHMENTS |
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING · Communication from Tenants to Homeowners · Communication from the East Lawrence Neighborhood Association |
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Project Summary:
The property located at 1106 Rhode Island Street contains 0.269 acres and is platted as Lots 118 and 120 Rhode Island Street, Original Townsite. The existing structures on site consist of a frame house (c. 1871), a two story barn (c. 1880) and a garage attached to the barn. Rhody Delahunty established his home and transfer and storage company business at 1106 Rhode Island Street by 1871. He died in 1919 and the operation of the business passed to Thomas Delahunty. Thomas Delahunty ran the transfer and storage company until the mid-1930s. Thomas and his sister Nellie occupied the property into the 1960s and maintained an antiques business there. In 1964 Stanley and Janet Swartzman bought the property and in August of 1965 sold the property to Raymond F. Barland. Barland used the property for an auto salvage business specializing in old Packard parts. The Barland family owned the property and used it for storage until 2013.
Proposed request is for a mixed residential office zoning to accommodate both residential and offices uses. The property is located within the East Lawrence Neighborhood and is listed as a contributing property to the North Rhode Island Street Historic Residential District, National Register of Historic Places. This application was submitted concurrently with an application for a Special Use Permit to accommodate the detached residential use in a RM zoning district. The proposed project also includes the rehabilitation of the existing structures and a new structure to be placed on the southeast corner of the property. A parking area will be established to the west of the barn to support the property uses.
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West elevation of 1106 Rhode Island Street. |
Barn at 1106 Rhode Island Street. |
REVIEW & DECISION-MAKING CRITERIA
1. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response: Horizon 2020 includes statements that recognize the importance of historic resources to our sense of place and to help provide direction for future development and growth. The request will allow the property to be preserved and stabilize the historic neighborhood.
The neighborhood surrounding the proposed development is very mixed.
Directly south of the development are several lots that serve as permanently affordable rental housing (Tenants to Homeowners). Further south of that is a mix of owner occupied single-family dwellings and rental dwellings. Across the street to the West is a large lot zoned GPI (The Douglas County Law Enforcement Center and a large parking lot). Directly north of the lot, across 11th Street is a multi-family apartment building. North of that structure and further down Rhode Island Street are a mix of single-family owner occupied dwellings, a multi-family apartment complex intermixed with single dwelling rental housing.
Directly east of 1106 Rhode Island is a large multi-family rental house, and further south there is a mix of owner occupied single dwellings and rental dwellings. Other properties in close proximity include a large historic dwelling and an historic church which have both been converted to office buildings.
The 1106 property is at the corner of a minor arterial street (11th Street) and a very busy civic building and associated parking (Law Enforcement Center). The zoning request of RM-O and the proposed residential/professional office uses for this small lot is a nice complement to the varied neighborhood uses and creates a stable transitional property between the intensity of uses in downtown and the Law Enforcement Center and the lower intensity residential uses further east, north, and south.
Historically the property has been used in a similar way to what the current project is suggesting though historically the uses were much more intense level. The portion of the property we would like to convert to office use has been warehouse, transfer and storage, auto-repair, and auto salvage in the past. We believe that the professional office use is a much less intense use to those industrial uses. Historically the circa 1870 house served as the home and likely the office for the proprietor of the on-site industry.
The Horizon 2020 document has commentary that encourages development and redevelopment that includes components of what this project is suggesting. Under “Neighborhood Concept” Item 3, Mixed housing types and Live/Work opportunities “should be explored”. Our project and RM-O zoning promote mixed housing types and live/work opportunities in close proximity.
Policy 3.2 “Protect Existing Housing Stock” includes statements encouraging preservation of existing dwelling units. Our project will do that and will reverse a decades long apparent attempt at “demolition by neglect”. This policy also suggests consideration of “alternate standards” for the rehabilitation of existing housing stock. While we aren’t specifically requesting alternate standards it is clear that the document favors some allowances and exceptions where preservation of housing stock is concerned.
Policy 3.3 “Encourage Compatible Infill Development” encourages redevelopment and infill as a means of providing a variety of compatible housing types within neighborhoods.
Policy 3.6 “Promote Neighborhood Identity” suggests that preservation and enhancement of the visual and environmental character of existing neighborhoods is important. Our suggested project will do just that.
Goal 6 and Policy 6.1 suggest that transitional elements between areas of differing development intensity should have careful attention given them. We believe that the multitude of processes and submittals along with the local support we have garnered for this project suggest that the project is a good one and should be allowed to proceed.
We believe that our proposed project meets many of the goals and intents of Horizon 2020. We have the written support of the East Lawrence Neighborhood and the property owner directly south of the project. Both believe in historic preservation and support the various requests required to see this project move forward.
Key features of the plan found in Chapter 3 state:
· Support infill development and redevelopment which provide a range of residential, commercial, office, industrial and public uses within these parcels consistent and compatible with the established land use pattern in the surrounding area.
· Encourage the identification, protection and adaptive reuse of the wide diversity of historic buildings, structures, sites and archeological sites that can be found in Lawrence and Douglas County. Considering historic preservation issues in combination with other land use decisions assures the preservation of historic resources but also fosters the image, identity and economic development goals in the Comprehensive Plan.
Approval of the proposed request would include office uses within the district. This rezoning would facilitate the redevelopment of the site that has been blighted for approximately 30 years. The future land use map identifies the area for medium to high density residential adjacent to community facility. The project will have two dwelling units on Lot 120. While the professional office use is not contemplated in the future land use map, RMO is a transitional use that will help facilitate the rehabilitation of the property and provide for infill development as identified as a key feature of Horizon 2020.
· Staff Finding – Horizon 2020 supports infill development and redevelopment that provides a range of residential, commercial, office, industrial and public uses when the development is consistent and compatible with the established land use pattern in the surrounding area. In addition, Horizon 2020 encourages the adaptive reuse of historic buildings.
2. ZONING AND USE OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING
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Current Zoning and Land Use: |
RM12 (Multi-Dwelling Residential) District; existing residence and barn |
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Surrounding Zoning and Land Use: |
RM12 (Multi-Dwelling Residential) District to the north and south; existing multi-family uses
RS5 (Single-Dwelling Residential) District to the east; existing multi-dwelling residential units and detached residential dwelling uses.
GPI (General Public and Institutional) District to the west; existing Judicial and Law Enforcement Building |
This property abuts multi-dwelling residential uses to the north and south. Detached residential uses are located to the east. The multi-dwelling residential uses are converted detached residences that now include multiple units. The housing form has generally remained intact as detached buildings on individual lots. The existing RM12 district includes both detached residences and residences converted to apartments. In addition, the adjacent property to the south was recently redeveloped as multi-family structures by Tenants to Homeowners. (These changes are not reflected on the land use map below.)
A dominant use in the area is the Judicial Law Enforcement Building located immediately to the west. This public facility use includes a parking lot with access to Rhode Island Street.
One ˝ block to the northwest is the CD district. At the corner of this district (1040 and 1046 New Hampshire Street) is professional office use.
The proposed use includes multi-dwelling residential uses.
The RMO District is designed to accommodate mixed use development of low and moderate intensity administrative and professional offices that are compatible with the character of medium and high density residential neighborhoods. The district is intended to be used as transitional zoning between higher-intensity commercial areas and residential neighborhoods. Typical land uses in the East Lawrence Neighborhood include commercial uses and professional office uses on corner lots in the neighborhood.
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Land Use Map with uses identified by the County |
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Zoning in the Area |
Actual Land Use in the Area |
Staff Finding – This property is surrounded by a mix of detached and multi-dwelling residential uses to the north, south and east. The property to the west is the Judicial Law Enforcement Center. To the northwest ˝ block are professional office uses. The proposed zoning includes the multi-dwelling uses that are similar to those located to the north, south and east. The office use will create a transition from the GPI district to the residential uses in the area.
3. CHARACTER OF THE NEIGHBORHOOD
1106 Rhode Island Street is located on the edge but within the East Lawrence Neighborhood. The East Lawrence neighborhood is a large neighborhood that includes properties east of Massachusetts Street to Oregon Street and from the Kansas River to 15th Street. This neighborhood and the structures located therein are valuable as part of the development of the City of Lawrence documenting residential land use from the late nineteenth century and the early twentieth century. The East Lawrence neighborhood followed local population, social, economic and architectural building patterns described in the Multiple Property Documentation Form Historic Resources of Lawrence, Douglas County, Kansas. The vernacular architecture and the cohesive streetscapes of the neighborhood emphasize the commonalities of the diverse populations that settled in this area of Lawrence. While the structures in the neighborhood reflect the evolution of vernacular architecture and the incorporation of stylistic details over time, the relationship between the structures based on location, streetscape, building materials, workmanship, mass and scale create a distinct neighborhood identity that is of value to the study of the history of the City of Lawrence. 1106 Rhode Island Street is listed as a contributing property to the North Rhode Island Street Historic Residential District, National Register of Historic Places. This National Register District is listed for its architecture and its association with community planning and development. Listed in 2004, the district is located within the original townsite of Lawrence.
As noted in the map below, 1106 Rhode Island is located adjacent to Downtown area. This is a transitional area between residential and non-residential uses. A portion of the property has always been used as a commercial property providing services beyond the neighborhood.
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Neighborhood Associations |
The property is also located on the corner of an intersection of an arterial and local street. The neighborhood has several commercial nodes at intersections.
The prosed project is the rehabilitation of the existing structures and the addition of a parking area and small structure on the alley/northeast corner of the property. The existing structures and the proposed structure are typical forms for the area in size and placement. The project does not include any form that is not currently located in the district.
Staff Finding – The proposed project is within the range of uses for the neighborhood and is compatible with the forms and placement of structures that characterize the neighborhood.
4. PLANS FOR THE AREA OR NEIGHBORHOOD, AS REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS INCLUDING THE PROPERTY OR ADJOINING PROPERTY
This property is located along the western edge of and within the boundary of the East Lawrence Neighborhood Revitalization Plan (adopted in 2000). The overall neighborhood contains a wide variety of land uses. Industrial uses are generally located along the railroad tracks located in the northeast part of the neighborhood. Commercial uses and office uses are typically located on the corners of several scattered blocks throughout the neighborhood.
The East Lawrence Neighborhood Revitalization Plan is a unique neighborhood plan in that it proposes six elements that will aid in the revitalization and improvement of the neighborhood. The plan does not identify existing and future land uses for the area but rather encourages the diversity of uses that have been historically present in the neighborhood. Goal 2 of the East Lawrence Neighborhood Revitalization Plan is to preserve and conserve existing physical neighborhood landmarks. Listed in the National Register, 1106 Rhode Island is a landmark for the East Lawrence Neighborhood.
The East Lawrence Neighborhood Plan was adopted in 1979. This plan shows 1106 Rhode Island Street as medium density residential. The plan policies identify that office uses should be located in areas that can physically support the use. The property is also located on the corner of an intersection of an arterial and local street. The ’79 plan also includes a policy that encourages the preservation of historic structures.
Staff Finding – The proposed project is within the range of uses that are contemplated in the East Lawrence Neighborhood Revitalization Plan and will aid in the rehabilitation and reuse of a property that is a landmark in the neighborhood. The proposed location can physically support the residential and office uses proposed for the project. The rezoning will continue the mixed use nature of the neighborhood.
5. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS
Applicant’s Response: Historically the subject property was an auto repair and salvage business along with a residence. Our proposed uses, office and residential fit well with the area which is a good mix of multi-family, single-family, government, and commercial uses.
The property is currently zoned RM12 which permits the residential uses proposed by the applicant but not the professional office use. The proposed office use is to be located in the historic barn on the property. This structure will be rehabilitated so that it is conditioned space to support a new use. The history of the zoning for this property shows that while the use has been commercial and residential since 1871, the zoning has changed from residential in 1929 to local business in 1960 and back to residential in 1966. While the southern part of the property is suitable for the multi-dwelling use, the northern portion of the property has always had a commercial use dating to 1871. The current restriction on this property of only residential uses would not allow for the rehabilitation of the barn to an office use. The office use is less intensive than the historic commercial uses for the property. The restriction of the current zoning to residential uses does not allow for the historic use of the property.
Staff Finding –Historically, the property has had a mixture of residential and commercial uses. The current zoning does not allow for the mix of uses that will continue the history of the property. The proposed office use is a less intensive use than the historic commercial use. The proposed request is consistent with the historic use of the property including residential and non-residential uses.
6. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
The property has been developed with a residential structure, a barn, and a garage. The date of construction for the residential structure and the barn is c. 1871. The primary use for the property has been storage since 1965.
Historically this property has included commercial and residential uses. The proposed request is consistent with the historic use of the property including residential and non-residential uses.
Staff Finding – The property was developed in 1871 with commercial and residential uses.
7. EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES
Applicant’s Response: We believe that since the property has been blighted for nearly 30 years our proposed uses will not be detrimental at all, but will improve nearby properties in a significant way.
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Property Prior to Enforcement Action |
On March 26, 2013, the City of Lawrence exercised the power of eminent domain in the public interest to acquire the property located at 1106 Rhode Island Street for the purpose of rehabilitation. (See attached resolution.) The property had been deemed unsafe and dangerous due to conditions that were considered “injurious to the health, safety, and welfare of the community.”
The proposed rehabilitation of the property will improve the neighborhood by returning the property to habitable conditions and removing the blight that has existed.
The uses provided in the RMO are similar to the uses in the area. The residential uses for the proposed zoning are consistent with the uses to the north, east, and south. The office use is a less intensive use than the storage use that has existed at least since 1965.
Staff Finding –The uses permitted within the RMO district are compatible with the nearby residential and institutional uses. The use of the property as multi-dwelling residential and office will be less intensive than the previous commercial/storage use. The rehabilitation the rezoning will improve the visual character and safety of the area.
8. THE GAIN, IF ANY, TO THE public health, safety and welfare due to the denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application
Applicant’s Response: By allowing the rezoning the governing body will promote the removal of decades of blight on the subject property. No hardship is imposed on any individual landowners, but conversely the property will improve the public health, safety, and welfare of the environs.
Evaluation of this criterion includes weighing the benefits to the public versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public health, safety, and welfare.
The property has been deemed unsafe and dangerous due to conditions that were considered “injurious to the health, safety, and welfare of the community.” The City has acquired the property to promote the rehabilitation of the structures and to remove the unsafe and dangerous conditions.
The rezoning of the property to RMO will allow for the residential historic structure to maintain its residential use while providing an adaptive reuse for the barn and garage structures. The property has a history of mixed use. The redevelopment of the property as a mixed use will allow the property owner to utilize the historic structures without compromising their historic integrity.
Staff Finding – Approval of the rezoning request would benefit the public health, safety, and welfare by rehabilitating the existing property and allowing uses that are compatible with the neighborhood. In addition, the approval of the rezoning request will allow for the reuse of historic structures that are listed in the National Register of Historic Places.
9. Professional staff recommendation
This staff report reviews the proposed rezoning request for its compliance with the Comprehensive Plan, adopted plans for the area, the Golden Factors, and compatibility with surrounding development. The rezoning request conforms with recommendation in Horizon 2020 for the adaptive reuse of historic buildings. Staff recommends approval of the rezoning request for approximately .269 acres from RM12 (Multi-Dwelling Residential) District to RMO (Multi-Dwelling Residential-Office) District and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report.